ACQUISITION OF LAND TITLES - 31



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CHAPTER VI.


Extinguishment of Indian Titles to Land — Treaty at Fort McIntosh — Fort Laurens — Fort Finney — Battle at Fallen Timbers — Wayne's Victory --Treaty at Fort Industry — Text of the Treaty —The Indian Title to Lands of Erie County Vested in the United States— Later Events --The War of 1812-15.


IN the peace treaty made between Great Britain and the United States no provision was made for the Indians who had been hostile to the American arms. It became, therefore, one of the most important duties of the government to peaceably acquire the Indian title and there seemed to be a general desire to possess the territory northwest of the Ohio River. The British government had already offered their supporting Indians territory in the Canadas, but this offer was accepted only by the Mohawks.


32 - HISTORY OF ERIE COUNTY.


The treaty at Fort McIntosh was made on the 21st of January, 1785, with the Wyandots, Delawares, Chippewas and Ottawas, by the terms of which they released all claim to lands of the Ohio Valley, and established the boundary line between them and the United States to be the Cuyahoga River, and along the main branch of the Tuscarawas to the forks of said river near Fort Laurens, thence westwardly to the Portage between the head waters of the Great Miami and the Maumee or Miami of the lakes ; thence down said river to Lake Erie and along said lake to the mouth of the river Cuyahoga. This treaty was negotiated by George Rogers Clark, Richard Butler and Arthur Lee for the government and by the chiefs representing the several tribes.


Subsequently, on January 31, 1786, at Fort Finney, the Shawnees accepted the terms of this treaty and became a party to it. This treaty retained to the several tribes mentioned the right to possess the lands along Lake Erie from the Cuyahoga to the Maumee, and thenceforth they, the Wyandots, Ottawas, Chippewas, Delawares and Shawnees occupied the lands of Erie and adjoining counties.


The treaty at Fort Harmar, held by General St. Clair, January 9, 1789, was but confirmatory of the former treaties, and was necessitated by the discontent of the tribes who were parties to them.


It was not long, however, before the Indians again violated their agreement and their acts led to the salutary punishment administered by Gen. Wayne in the ever memorable battle of Fallen Timbers on the zoth day of August, 1794.


This decisive victory resulted in the treaty at Greenville, in which Wayne, met chiefs of the most powerful of the northwestern tribes and made an amicable adjustment of all difficulties.

It may be stated as a matter of fact and interest that the insurrectionary movement on the part of the Indians that led to their chastisement at Fallen Timbers was instigated by the British occupants of the forts in the Maumee country: And further, after Wayne's victory some unpleasant words passed between the officers of the post and Wayne's men. This coming to the ears of the " old warrior," he at once intimated that if they wanted a taste of his mettle their wishes should be gratified. Wayne knew perfectly well that the jealous and beaten British had incited the Indians to such acts and depredations as they had committed.


Of the many treaties made with the Indians for the purpose of acquiring the title to lands claimed by them there was not one perhaps in which such extreme care was exercised as in that held at Fort Industry on the 4th day of July, 1805. A portion of the lands involved in this purchase were the Western Reserve of Connecticut, the title to which had been ceded by that State to the United States, subject, however,, to the rights of owners prior to Connecticut's deed of cession.


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It was the intention of the agent of the government that the council should be convened at Cleveland, but owing to the inability of the representatives of all the tribes to meet there, another meeting was arranged to be held at Fort Industry, on the Maumee, which was done on the 4th of July, 1805.


It is possible thatthe reader may be somewhat confused regarding some of the provisions of this treaty and their application and force, but after having read the chapter on the " Western Reserve," and the " Firelands " the whole subject will become clear.


The treaty with its preceding certificate and the president's proclamation in conclusion is as follows: " To all to whom these presents shall come, greeting : I certifiy, that the annexed writing contains a true copy of a treaty concluded with certain Indian tribes at Fort Industry, on the 4th day of July, 1805, the original whereof remains in this office. In faith whereof, I, Robert Smith, secretary for the department of state of the United States of America, have signed these presents and caused the seal of my office to be affixed hereto, at the city of Washington, this 22d day of March, A. D..1809, and in the thirty-third year of the independence of the said States.'


" [L. S.] R. SMITH.


" Thomas Jefferson, President of the United States of America : To all to whom these presents shall come, greeting :


"WHEREAS, a treaty was held on the 4th day of July, A. D. one thousand eight hundred and five, under the authority of the United States, with the sachems, chief and warriors of the Wyandot, Ottawa, Chippeway, Munsee and Delaware, Shawanee and Pottowatomie nations or tribes of Indians at Fort Industry on the Miami of the lake, in the presence and with the approbation of Charles Jewett, the commissioner of the United States appointed to hold the same, the following agreement was made between the said nations and tribes of Indians and the agent of the land companies hereinafter mentioned.


" A treaty between the United States of America and the sachems, chiefs and warriors of the Wyandot, Ottawa, Chippewa, Munsee, and Delaware, Shawanee and Pottawatomie nations, holden at Fort Industry, on the Miami of the lake, on the 4th day of July, A. D., one thousand eight hundred and -five.


“WHEREAS, Thomas Jefferson, President of the United States, did appoint Charles Jewett, esquire, a commissioner to hold a treaty with said Indian Nations, for the purpose of enabling the agents of the Connecticut Reserve to negotiate and conclude a cession of their lands ; and,


" WHEREAS, The company incorporated by the name of the ' Proprietors of the half million acres of land lying south of Lake Erie, called " Sufferers' Lands,"' and the owners and proprietors of the one half million acres of land,


34 - HISTORY OF ERIE COUNTY.


part of said Connecticut Reserve, lying on the west end thereof; and south of the shore of Lake Erie ; and,


" WHEREAS, The Connecticut Land Company, so called, are the owners and proprietors of the remaining part of said Reserve lying west of the river Cuyahoga ; and,


" WHEREAS, Henry Champion, esquire, agent of the said Connecticut Land Company, and Isaac Mills, esquire, agent of the directors of the company, incorporated by the name of the Proprietors of the half million acres of land lying south of Lake Erie, called "Sufferers' Lands," were both duly authorized and empowered by their respective companies and the directors thereof, to treat for the cession and purchase of said Connecticut Reserve.


" Now, Know all men by these presents, That we, the sachems, chiefs, and warriors of the Nations aforesaid, for the consideration of eighteen thousand nine hundred sixteen and sixty-seven one-hundredths dollars received of the companies aforesaid, by the hands of their respective agents, to our full satisfaction, have ceded, remised, released, and quit claimed, and by these presents. do cede, remise, release, and forever quit claim to the companies aforesaid, and the individuals composing the same, and their heirs and assigns forever, all the interest, right, title, and claim of title of the said Indian Nations respectively, of, in and to all the lands of said companies lying west of the river Cuyahoga, and the portage between that and the Tuscarawas branch of the Muskingum, north of the northernmost part of the forty-first degree of north latitude, east of a line agreed and designated in a treaty between the United States and said Indian Nations, bearing even date herewith, being a line north and south one hundred and twenty miles due west of the west line of Pennsylvania, and south of the northwestern most part of the forty-second degree and two minutes. north latitude, for them the said companies respectively, to have, hold, occupy, peaceably possess and enjoy the granted and quit-claimed premises forever, free and clear of all let, hindrance, or molestation whatever, so that said Nations and neither of them, the sachems, chiefs, and warriors thereof, and neither of them, or any of the posterity of said nations respectively, shall ever hereafter make any claim to the quit-claimed premises, or any part thereof; but therefrom said Nations, the sachems, chiefs, and warriors thereof; and posterity of said Nations shall be forever barred.


" In witness whereof, The commissioner of the United States, the agents of the Companies aforesaid, and the sachems, chiefs, and warriors of the respective Indian Nations aforesaid, have hereunto inter-changeably fixed their seals and set their names.

" CHARLES JEWETT, (L. S.)

" HENRY CHAMPION, (L. S.)

" ISAAC MILLS, (L. S.)

"NEKIX, or.LITTLE OTTER. (L. S.)"


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Here follows the names of the other sachems, etc., of the/aforesaid Indian tribes :


" In the presence of William Dean, C. F. L. C.

" J. B. MOWER,

" JASPER PARISH.


" Now, be it known, that I, Thomas Jefferson, president of the United States of America, having seen and considered the said treaty, do, by and with the advice and consent of the Senate thereof, accept, ratify and confirm the same and every article and clause thereof.


"In testimony whereof, I have caused the seal of the United States to be hereunto affixed, and signed the same with my hand.


"Done at the city of Washington, the 25th day of January, A. D. one thousand eight hundred and six, and of the independence of the United States of America the thirtieth.

" TH. JEFFERSON.

" By the President

" JAMES MADISON, Secretary of State.


" Recorded and examined by Isaac Mills, Clerk."


Thus, by this treaty, was ended the right to possession or claim of title of any of the Indian tribes to the territory of Erie county, but it was a number of years thereafter before they entirely disappeared from the region, and not until their removal was ordered by the general government, some twenty-five or more years later. Many remained to end their days on their favorite hunting and fishing grounds in the region of the lake, the bay, and the Sandusky and Huron Rivers and other streams of the locality. And we have records, bk, of one at least, who performed missionary labors among his brethren, and who finally met a tragic death at the hands of one whom he had sought to befriend. This worker for the spiritual welfare of the resident tribes was the chief, Ogontz, of the Ottawa nation. It is said that his cabin stood upon the Site of Sandusky City.

After the extinguishment of the Indian titles to lands in this vicinity had been completed, the proprietors of the various companies took immediate steps for their improvement and settlement ; but in this direction not much was accomplished, and only a few families settled on the Firelands prior to the war of 1812. The whole country was in an unsettled condition on account of the difficulties then existing, and which led to the declaration of war, and but a few availed themselves of the offer of lands in Erie county.


The Indian occupants of the soil were unfriendly to the American colonists, and they committed many petty depredations at the direct instigation of the British, who still held various posts on the frontier.


To meet and check these acts of hostility troops were ordered to the northwestern country, and the government was strongly urged to place a naval war


36 - HISTORY OF ERIE COUNTY.


fleet on Lake Erie to engage the British fleet already there. Hull was in command at Detroit at this time, and while the Democratic or Republican (for at this time they were both one) element of the National Congress was in favor of immediate and decisive action, nevertheless they were continually embarrassed and hampered by the Federalists who were a large and influential minority of the House, and were opposed to the war and demanded further negotiations with Great Britain. This delay enabled the British to perfect their organization and strengthen their military posts.


Early in the year 1812, and prior to the actual outbreak of the war, the Indians of this locality became troublesome—so much so that an organization was perfected at Huron to resist any attack, and, if possible, to prevent further outrages. But while the citizens were in meeting for the purpose stated, a report was brought in that two men, Gibbs and Buel, had been foully murdered at a point not far south from Sandusky. As soon as the report was confirmed, these " Minute men" of Erie county started in pursuit of the murderers and eventually captured them. They were Omeek and Semo. The former was hanged at Cleveland, but the latter, who was not secured until later, knowing his probable fate, died by his own hand.


In the latter part of June, 1812, the war was commenced. Hull, as has been stated, was in command at Detroit, and through his inefficiency and blundering that post was surrendered to the British on the 16th of August, together with the whole command, numbering nearly fifteen hundred men, while the opposing force reached less than one thousand.


Indian outrages in this locality continued even while the British with their allies were besieging Detroit and fighting the various commands sent out by Hull. The record of these events in Erie county and its immediate vicinity are so clearly recited in a local publication, made some thirty years ago, that free quotations are made from it.


" During the same spring (1812) another, and perhaps one of the most barbarous massacres occurring before or since, took place at the head of Cold Creek. There were living there at this time the families of D. P. Snow, Butler and Putnam, and a girl named Page, all of whom were captured by the Indians. Snow had erected on Cold Creek a grist-mill in which he usually kept corn. The Indians, being aware of this, would come in the night and carry much of it away. Snow devised a plan, by laying boards on the floor leading from the embankment to the mill in such a manner that when trod upon they would give way and let the Indians through. After being caught in this manner several times, they became exasperated and determined upon revenge. Concealing themselves one morning among bushes that lined the creek, they awaited the departure from the house of the men who were cultivating a field of corn some distance away. After they had gone the savages approached the cabins, captured the women and children, killed Mrs. Snow,


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who was too ill to travel, together with her small children, and carried the others captives to Canada, but they were subsequently released."


After the surrender of Hull the inhabitants of this region were in a still more defenseless condition, and for mutual preservation and protection organized a company of "Rangers," who were placed under command of Captain Cotton to stand guard at the block-house at Huron, and be in constant readiness for any emergency that might arise. They had not long to wait, however, for one morning there appeared in the vicinity of Bull's Island a large body of Pottowatomies, and, being anxious to engage with them, the Rangers proceeded by boats to that place. The Indians watched them, unperceived, until they left the boats and went into the woods, after which they (the Indians) destroyed the boats and started to overtake the Rangers. A conflict followed in which the savages were beaten and routed, but the whites suffered a serious loss in the killing of two of their number, Comrades Randall and Mingus, and the serious wounding of Jonas Lee. Their boats being destroyed, the Rangers were compelled to remain on the island for two days before relief boats reached them.


At the time of Hull's surrender, extensive preparations were making to relieve him and other western posts, particularly those on the Maumee, at Fort Wayne, and in Illinois. For this object three expeditions were marching, one of which was to scour the country hereabouts and drive out the hostile Indians, while the others were to proceed by other routes, each having a common destination—the Rapids of the Maumee.


The expedition, however, failed of its purpose, and the relief hoped for was not secured ; and it is doubtful, indeed, whether, had the troops accomplished the march, any substantial benefit could have been acquired without a co-operating naval force on the lakes.


Having summarized the leading events of this locality, it will not be necessary to relate the other incidents that occurred during this memorable war. The main battles were fought in the Eastern States, still the country of the Maumee, and to the north of it were not without several serious conflicts at arms. The sieges of Fort Meigs, and Perry's splendid achievement on Lake Erie, about twenty-five miles from Sandusky City, were the crowning events of this region. The American arms were, after three long years of strife, victorious, and with the close of this struggle America had fought her last battle with a foreign foe.


This last victory of the United States over Great Britain brought lasting peace. Nothing now existed to disturb and hinder the tide of emigration west. From this time, substantially, dates the civil and social growth and development of this region of country, although the formal acts of civil organization had, years before, been accomplished.